Opinion
October 28, 1970
Appeal by the employer and its carrier from a decision of the Workmen's Compensation Board finding that claimant contracted tuberculosis as an occupational disease while engaged as a nurse in the employer's clinic. There is substantial evidence in the record to support the board's determination that claimant contracted tuberculosis as a result of her exposure to tubercular patients in the chest clinic. While there is no evidence that claimant came in actual close contact with a specific patient who was diagnosed as suffering from tuberculosis, there is evidence that she worked in the chest clinic located on the 24th floor, actually being assigned there for one week. Furthermore, whenever claimant was on the 24th floor, she would be called upon to work in the chest clinic where tuberculosis patients were treated. (See Matter of Lachowicz v. Albany Med. Center Hosp., 30 A.D.2d 1004.) Although a close question and in dispute, we cannot say that the board's decision holding appellants liable for the award to Dr. Schuman for his attendance at the hearing of October 4, 1968, was improper. Decision affirmed, with costs to the Workmen's Compensation Board. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur.